Can I Sue for Malpractice if the Surgeon Made a Mistake?
If you or a loved one has suffered due to a surgical error, you may wonder if you can sue for malpractice. Medical malpractice claims, particularly those involving surgery, are serious and require a deep understanding of both medical procedures and the laws governing medical negligence. In Georgia, medical malpractice laws are designed to protect patients from substandard care, including mistakes made by surgeons and hospital staff. At Cheves Briceno, with offices in Braselton, Columbus, and Peachtree Corners, GA, we offer experienced legal support for those who have been affected by surgical errors.
Understanding Medical Malpractice in Georgia
In Georgia, medical malpractice occurs when a healthcare provider’s actions fall below the accepted standard of care, resulting in injury or harm to the patient. According to Georgia Code § 51-1-27, medical professionals are required to “exercise a reasonable degree of care and skill” in treating patients. When a surgeon or hospital fails to meet this standard, and the patient is harmed as a result, they may have grounds to file a malpractice claim.
To prove a medical malpractice case, you must establish:
- Duty of Care: The surgeon had a responsibility to provide a certain level of care during the procedure.
- Breach of Duty: The surgeon failed to meet the expected standard of care.
- Causation: The mistake directly caused injury or harm to the patient.
- Damages: The patient suffered damages as a result of the injury, whether physical, emotional, or financial.
Common Surgical Errors Leading to Malpractice Claims
Surgical mistakes can take many forms, and not every poor outcome from surgery is grounds for a malpractice lawsuit. However, when a surgeon’s negligence directly causes harm, a patient or their family may have a valid claim. Here are a few common examples of surgical errors that could lead to a malpractice case:
- Wrong-Site Surgery: This occurs when a surgeon operates on the wrong part of the body, such as amputating the wrong limb or performing surgery on the wrong organ. These types of mistakes are often preventable and considered gross negligence.
- Surgical Instruments Left Inside the Body: One of the most egregious surgical errors is leaving instruments or sponges inside a patient’s body. This can lead to severe infections, internal injuries, or even death.
- Anesthesia Errors: Administering the wrong dosage or failing to properly monitor a patient’s reaction to anesthesia can result in brain damage, organ failure, or death. These errors are often linked to negligence on the part of both the anesthesiologist and the surgeon.
- Nerve Damage: A slip of the scalpel during surgery can result in permanent nerve damage, leaving the patient with lifelong pain or disability. This type of injury may be the result of a lack of care or skill during the procedure.
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Claims for Victims and Their Families
In Georgia, a victim of surgical malpractice may be entitled to recover compensation for a variety of damages. These include:
- Medical Expenses: Compensation for the cost of additional medical treatments required to correct the surgical error.
- Lost Wages: Reimbursement for lost income if the injury prevents the patient from returning to work.
- Pain and Suffering: Damages for the physical pain, emotional distress, and diminished quality of life caused by the surgeon’s mistake.
In the tragic event that a patient dies as a result of surgical malpractice, the family may pursue a wrongful death claim. Under Georgia law, the surviving family can seek compensation for medical costs, funeral expenses, and the loss of companionship and financial support that the deceased provided.
How Cheves Briceno Can Help
If you believe that a surgeon’s mistake caused your injury or the death of a loved one, you may be entitled to pursue legal action. At Cheves Briceno, we understand how devastating medical malpractice can be, and we are committed to helping victims and their families secure justice. Our experienced medical malpractice attorneys will conduct a thorough investigation of your case, work with medical experts to establish negligence, and fight for the maximum recovery you deserve.
We offer free consultations, so you can discuss your case with a knowledgeable attorney who will explain your legal options. With our proven track record of securing substantial compensation for our clients, you can trust Cheves Briceno to provide the best representation in your medical malpractice case.
Don’t wait. If you or a loved one has been harmed by a surgical error, contact Cheves Briceno today to schedule your free consultation. Our team is ready to help you get the justice and compensation you deserve.
